1. Field of the invention
The present invention relates to a 16".times.16".times.2.3/8" vinyl covered layers of polyurethane and polyethylene that has been created into a cushion that can be placed beneath the head to reduce and prevent head and facial injury that occurs with acting out children and youth who engage in self harming head banging and face rubbing behavior when they are being physically held or restrained by adult caretakers in prone (face down) or supine (face up) positions on the floor or ground.
Teachers and youth care personnel who work with disturbed, delinquent and immature youth are often called upon to physically hold (restrain) these youth/students when they engage in aggressive and tantrum like behavior. Often, the acting out that occurs may become so threatening to the well being of the youth, others in the environment or valuable property that they must be held in floor control positions. (Restraint positions that are employed on the floor/ground in which the youth will be placed in a prone (face down) or supine (face up),laying position with staff restraining their movement by holding a combination of arms/legs/torso.) When these restraint positions are employed the youth being held often resort to head banging and/or face rubbing behavior. Obviously, these behaviors can be harmful to the youth in that they may cause head injury such as concussions as well as, contusions of the face. While potential injury might be prevented by stabilizing the head of the youth in question, such intervention is not an accepted practice in the field as neck injury can result when the head is held in a stable position and the youth continues to attempt movement. In fact, teachers and youth care workers are taught not to hold the head of the youth when this behavior occurs. However, they are advised to find something in the environment that can be placed beneath the head to reduce impact and friction. What exists in the environment is not always ideal. Typically a soft pillow might be used, however this intervention can lead to a higher level of risk in that the youth can bury their face in the pillow and reduce their intake of oxygen. The latter intervention has been associated with several cases in which the youth in question was asthmatic. In these cases, follow up investigations pointed out that the soft pillow may have played a part in stimulating an asthmatic seizure resulting in suffocation. This writer acted as expert witness in such a case in Lehigh County Pennsylvania. (Tallyman v. Kids Peace 1996) In this case Jason Tallyman, a twelve year old resident of Kids Peace (residential care program for disturbed youth in Allentown, Pennsylvania) died while being restrained in a prone position where a soft pillow was employed to reduce head injury. Jason was asthmatic. Medical testimony suggested that an asthmatic seizure might have been involved with Jason's suffocation.
In addition to the harm that may occur for youth involved in these situations, the staff who are have responsibility for managing the youth's behavior often find themselves accused of child abuse after such incidents because head banging and face rubbing behavior has caused injury. In every state the investigation of child abuse is a formalized process. When childcare staff are formally accused of child abuse they are temporarily relieved of duty and are subjected to a rigorous investigation process. The outcome of this process could even result in a loss of employment. Too, the organization (youth program) in which these incidents occur have liability concerns when such behavior is mismanaged by staff. In the case of Jason Tallyman cited above the organization, Kids Peace, settled a wrongful death suit out of court with Jason's parents. While the actual settlement was sealed by the agreement, it is known that millions of dollars were at stake.
2. Prior Art
The fields of youth care and youth education have struggled with the issue of managing acting out behavior by youth and students. During the past few decades staff training curricula in crisis intervention and physical restraint techniques have been developed to meet this need. Prior to 1980 little, if any, formal training curricula were available. Since then, numerous training companies specializing in the management of acting out behavior in children and youth have developed. Most of these curricula demonstrate substantial concern for the safety of both the children and the adults who become involved in these incidents. Intervention techniques that are taught are usually directed at safe guarding the acting out youth and the intervening adult. One area in which these training programs have provided only rudimentary guidance is in methods by which injury to youth associated with head banging and face rubbing behavior can be reduced or prevented. Most of these training programs recommend that intervening staff find an object in the environment to place between the restrained youth's head and the floor to reduce the impact of head banging and friction caused by rubbing the face on the floor. Left to their own creativity, intervention staff use what may be available in the moment. There is no existing device specifically designed to provide this protection.
The "Impact Cushion" provides a device that can be used to specifically reduce and prevent injuries associated with head banging and face rubbing behavior. It's use can dramatically reduce the frequency of child abuse allegations associated with that behavior. Finally, use of the cushion can impact the potential of significant liability cost that may be associated with some of these incidents in which injury might occur.